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HomeMy WebLinkAboutTower Annexation__a;� DECLARATION OF RESTRICTIONS CONDITIONS AND COVENANTS TOWER CENTER SUBDIVISION ADA COUNTY, IDAHO THIS DECLARATION, Made on the date hereinafter set forth by N & D, Incorporated, hereinafter referred to as "Declarant." WITNESSETH WHEREAS, Declarant is the owner of certain property in the City of Meridian, County of Ada, State of Idaho, which is more particularly described as: A tract of land located in the N 1/2 N 1/2 of the SE 1/4 NE 1/4, Section 13 R 1W, B. M. , Ada County, Idaho, more particularly described as follows: Recorded as Tower Center Subdivision, Book of Plats at pages through records, Ada County, Idaho, NOW THEREFORE, Declarant hereby declares that all of the properties described above shall be held, sold and conveyed subject to the following ease- ments, conditions and covenants, which are for the purpose of protecting the value and desirability of, and which shall run with, the real property and be binding on all parties having any right, title or interest in the described properties or any part thereof, their heirs successors and assigns, and shall inure to the benefit of each owner thereof. WHEREAS, Declarant has deemed it desirable, for the efficient preser- vation of the values and amenities in said community, to create an agency to which should be delegated and assigned the powers of maintaining and administering the community properties and facilities and administering and enforcing the covenants and restrictions and collecting and disbursing the assessments and charges here- inafter created; and WHEREAS, Declarant has incorporated under the laws of the State of Idaho as a non-profit corporatir.n Tower Center Incorporated for the purpose of exercising the functions aforesaid; 0 0 Page 2 ARTICLE I DEFINITIONS Section 1. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple lot title 16 any'lot which is part of the properties, including contract sellers, but excluding those having such interest::merely as security for the performance of an obligation. Section 2. "Properties" shall mean and refer to that certain real property hereinbefore described, and such additions to said property thereto as may be added andthereaore come under the terms of this declaration. Section 3. "Lot" shall mean and refer to any plot of land shown upon and recorded subdivision map of the properties hereinbefore described in this declaration. Section 4. "Declarant" shall mean and refer to N & D, Inc., its successors and assigns or such successors or assigns should acquire more than one undeveloped lot from the Declarant for the purpose cif development. Section 5. "Planned Unit Devlopment" shall mean a single planned unit as initially designed; or such a unit as expanded by annexation of additional land area; or a group of contiguous planned units, either operating as a seperate entities or merged into a single consolidated entity, all consisting of land area which has commercial building sites, industrial sites and common property such as streets and alleys. ARTICLE H AREA COVENANTS No lot shall be used except for Industrial Planned Unit Development purposes as defined in applicable Meridian City ordinances. Section 1. "Architectural Control Committee" No building shall be erected placed or altered on any lot until the construction and specifications and a plan showing the location of the structure have been approved by the Architectural Control Committee as to quality workmanship and materials, harmony of exterior design with existing or planned structures and as to location, with respect to topography and finish grade elevation. No fence or wall shall be erected, placed or altered on any lot nearer to any street than the minimum building setback line unless similarly approved. • . 0 Page 3 No building shall be considered without plans showing possible effects on parking, loading, and unloading and trash storage and removal. Approval shall be as pro- vided in Section 3. Section 2. "BfUl.ding Location" ( a) No building shall be located on any lot nearer to the side street line than the minimum building setback line shown on the recorded plat. In any event no building shall be lo--ated on any lot nearer . than twenty (20) feet to the front line. (b) No building shall be located nearer than the applicable Meridian City and Idaho Fire Code allows. Some lots will have buildings with common walls and common access for utilities. The declaration of this common wall covenant and easement is contained hereinafter in Article IV, Section 1. These lots will be designated and approved by the Architectural Control Committee prior to the construction of the buildings Section 3. "Easements for Installation and Maintenance of Utilities and Drainage Facilitites." Are reserved as shown on the recorded plat and over the rear five feet of each lot. Also, the rear twenty (20) feet of each lot shall be maintained as a through access for vehicles, for the purpose of loading and unloading merchandise and supplies for the business and buildings on each lot. Section 4. "Signs" All business signs, whether identification, advertising or nonaccessorty in nature will first be subject to approval by the Architectural Control Committee. In any event, the applicable City and County ordinances con- trolling the use of signs will apply and be strictly adhered to. Section 5. "Land and Building Use" No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers. All storage areas will be special use areas, shielded from adjoining .property: and public view.by protective screening, which shall be approved by the Architectural Control Committee. Fabrication or manufacturing functions will be permitted only when the noise level is 70 decibels or less on an "A" scale, at their property line or partition. Any fabrication activity must be done within a closed building or special use area, and no dust odors or other irritants shall be permitted through there walls, windows, doors, ceilings, floors or partitions. • • Page 4 Section 6. "Landscaping" All lots shall be landscaped with shrubs, or planting beds in accordance with the owners discretion except that the shade tree area pattern shall be approved by the Architectural Control Committee. All land- scaping shall be maintained by the owner in such manner as to cause a pleasing appearance and in such manner which will sustain property values in the community. All landscaping shall be in reference to the final plat and landscaping plan. Section 7. "Noxious or Offensive Activity" No noxious or offensive activity shall be carried on upon any lot, nor shall be done thereon which may be or may become an annoyance or nuisance to the neighborhood. No hazordous material shall be stored on any lot or in any building. Section 8. "Temporary Structure" No structure of a temporary character, tent, shack or barn shall be on any lot at any time. Section 9. "Parking" No recreation vehicles, trailers, automobiles, boats or other such vehicles shall be parked permanently on the streets, All permanent parking shall be in garages or attached special use areas. Section 10. "Oil and Mining Operations." No oil drilling, oil development operation, oil refining quarrying or mining operations of any kind shall be permitted ipon or in any lot, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any lot. Section 11. "Livestock and Poultry" No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any lot, except that dogs, cats or other hoUBhold pets may be kept provided that they are ndt kept, bred or maintained for any commercial purpose. The applicable City of Meridian ordinance providing. for leashes or pens will be strictly observed with reference to all household pets. Section 12. "Water Supply" No individual water supply system shall be permitted on any lot unless such system is located, constructed and equipped in accordance with the requirements, standards and recomendations of the Idaho Department of Public Health and the City of Meridian. Approval of such systems As installed shall be obtained from such authority. • Page 5 Section 13. 'Sewage Disposal" No individual sewage disposal system shall be permitted on any lot unless such system is designed, located and constructed in accordance with the requirements, standards and recommendations of the Idaho Department of Public Health and the City of Meridian. Approval of such system installed shall be obtained from such authority. Section 14. "Members of the Association's Easement of Enjoyment in and to the Common area which shall pass with the title to every lot, subject to the following provisions; a. The right of the Association to charge reasonable admission and other fees for the use of any recreational facility, situated upon the Common area. b. The right of the Association to suspend the voting right and right of use to the Common area by an owner for any period during which any assessment against his lot remains mpaid, and for a period not to exceed sixty (60) days for any infraction of its published rules and regulations. c. The right of the Association to dedicate or transfer all or any part of the Common area to any public agency authority, or utility for such purpose and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer signed by two-thirds (2/3) of each class of members has been recorded. Section 15. "Creation of the Lien and Personal Obligation of Assessments" The Declarant, for each lot owned within the Business Area, hereby covenants, and each owner of any lot by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the association:. (1) annual assessments or charges, and (2) special assessments for capital improvements, such assessments to be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs, and reasonable attorney's fees, shall be a charge on the land and shall be a continuing lien upon the property against whleh such assessment is made. Each such assessment, together with interest, costs and reasonable attorney's fees, shall also be the personal obligation of the person who was the owner of such property at the. time when the assessment fell due. The personal obligation fordelinquent assessments shall not pass to his successors in title unless expressly 0 assumed by them. Section 16 :' Purpose of Assessments." 0 Page 6 The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the businessess in the properties and for the improvements and maintenance of the Common area. Section 17. "Maximum Annual Assessments" Until January 1 of the year immediately following the conveyance of the first lot to an owner, the maximum monthly assessment shall be twenty dollars ($20.00) per lot. a. From and after January 1 of the year innediately following the convey - ante of the first lot to an Owner, the maximum annual assessment may be increased each year not more than ten percent (10 %) above the maximum assessment for the previous year without a vote of the membership. b. From and after January 1 of the year immediately following the conveyance of the first lot to an owner, the maimum annual assessment may be increased above ten percent (10%) by a vote of two thirds (2/3) of each class of members who are voting in person or by proxy, at a meeting duly called for this purpose. c. The Board of Directors may fix the annual assessment at an amount not in excess of the maximum. Section 18. "Special Assessments for Capital Improvements." In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common area, including fixture and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of each class of members who are voting in person or by proxy at a meeting duly called for this prupose. Section 19. "Uniform Rage and Date of Commencement of Assessments; Due Date." The monthly assessments provided for herein shall commence as to all lots on the first day of the month following the conveyance of the Common Area. Both monthly and special assessments must be fixed at a uniform rate for all lots. The boare, of Directors shall fix the amount of the monthly assessment O Page 7 against each lot by December 1 preceeding the annual assessment period beginning January 1. No further notice of the monthly assessment is required by the association. The due dates shall be established by the Board of Directors. The association shall upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified lot have been paid. Section 20. "Affect of Non -Payment of Assessments, Remedies of the Association." Any assessment no paid within thirty (30) days after due date shall bear interest from the due date at a rate of twelve percent (12%) per annum. The Association may bring an action at law against the owner personally obligated to pay the same, or foreclose the lien against the property. No owner may waive or other wise escape liability for the assessmenfs provided for herein by non-use of the Common area or abandonment of his lot. Section 21. "Subordination of the Lien to mortgages." The lien of the assessments provided for herein shall be subordinate to the lien of any first or second mortgage. Sale or transfer of any lot shall not effect the assessment lien. 'However, the sale or transfer of any lot pursuant to mortgage foreclosure or any proceeding in lien thereof, shall exeinguish the lien of such assessments as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such lot from liability for any assessments thereafter becoming due or from the lien thereof. ARTICLE III ARCHITECTURAL CONTROL COMMITTEE Section 1. "Membership" a. The architectural Control .Committee is composed of the following: a 0 Page 8 b. A majority of the committee may designate a representative to act for it. In the event of death or resignation of any member of the committee, the rexxiainimg members shall have full authority` to designate a successor. Successors shall be designated from the recorded owners of the lots. At any time, the then record owners of a majority of the lots shall have the power through a duly recorded written t strument to change the membership of the respectivecommittee or to *Wraw from the respected committee or restore to it any of its powers and duties. ftction 2. 'Procedure" Thb committee's approval or disapproval as required in these covenants shall be in writting. In the event the committee, or its designated representative, fails to approve or disapprove within thirty (30) days after plans and specifications have been submitted to it, or in any event, if no suit to enjoin the construction has been commenced prior to the approval thereof, approval will not be required and the related covenants shall be deemed to have been fully complied with. ARTI CLE IV GENERAL PROVISIONS Section 1. "Declaration of Party Wall Covenant and Easement"' a. Some of the buildings shall be constructed on lots with common walls and common access for utilities. b. These common walls and common access areas require covenants and easements for the use, enjoyment and benefit of the subsequent individual, separate owners succeeding to the ownership of the several units and parcels. c. The Declarant or its assigns shall commence and complete construction upon the parcels of land certain dwelling units or buildings which have common party walls upon the lines forming the boundary between said parcels or property. d. The owner or partowner of either or any of said parcels shall have the right to enter upon, over under or through the parcel and pmmises opposite the side of such common party wall or structure wall which faces the wall of such owner or occupant for the purposes of repairing, replacing, maintaining and reno- vating such wall or the utilities serving the premises. e. The owner or occupant of any of the above described parcels shall not drive, place, or cause to be given or placed, any nails, screws, bolts, or other objects into the party or structural wall or that wall which forms a common boundry 0, 0. 11 Page 9 and line with the lot and unit of any other owner. Excepting, however, that any party may use screws or nails or similar objects to attach paneling, pictures or decorative objects to such wall which do not penetrate to a depth of over one-half (1/2,) inch. f. The owner of any lot or unit herein described, shall not erect or main-. tain, within a distance of four (4) feet of any common party wall or structural wall forming the boundary between such lot and the lot or unit of any other owner, any structure which may impede or interfere with any necessary maintenance, repairs or restoration of the party or structural vyall. g. The wall 'constructed or to be constructed shall form a common wall or party wall on the boundary line adjoining properties described, and shall remain a party wall, and each of the adjoining owners shall have the right to use such as a common party wall jointly with the other adjoining owner. h. The respective owners of occupants of each of the parcels and units shall be responsible for any mars, scratches redecorating., or refurnishing of the wall on that portion of the wall which forms a party wall\ or structural wall on that side facing their particular unit or lot. That any damage done to the wall as a whole caused by the act of the owner, his tenants, agents, guests or invitees, shall be the responsibility of such owner. That any repairs or replacements necessary through ordinary wear and tear shall be the joint responsibfility of the joint owners. i. That any conveyance of any of the parcels shall. be subject to the terms of this agreement and declaration, and these covenants and agreements shall be binding upon, and inure to the benefit of, the respective and successive owners of the several parcels and units and shall run with the land to be of benefit to the respecrive dominant states and a burden upon the respective servient estates of all successive owners thereto. Section 2. "Term" These covenants are to run with the land and shall be binding on all parties, and all persons claining under under them for a period of thirty (30) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive period of ten (10) years unless an instrument signed by a majority of the then owners of the lots has been recorded, agreeing f) change said covenants in whole or in part. Page 10 Section 3. "Enforcement" Enforcement shall be by proceedings at Idw or in equity against any person or persons violating or attempting to violate any covenant either to restrain violation or to recover damage Section 4. "Serverability" Invalidation of any of these covenants by judgment or court order shall in no way affect any of the other provisions which shall remaili -in full force and effect. Section 5. "Party Walls - General Rules of Law to Apply" Each wall which is built as a part of the original construction of the homes upon the Properties and placed on the dividing line between the lots shall constitute a party wall, and to the extent not inconsistent with the p~ovisions of this Article, the general rules of law regarding party walls and of liability for property damage due to negligent or i' willful acts or omiss ons shall agaly ':hereto. Section 6. "Party Walls - Arbitration" In the event of any dispute arising concerning a party wall, or under the provisions of this Article, each party shall choose one arbitrator, and such arbitrators shall, choose,one additional arbitrator, and the decision of a majority of all the arbitrators shall be final and conclusive of the question involved. F BY-LAWS OF TOWER CENTER BUSINESS ASSOCIATION A T)rTT!IT T. T NAME. AND LOCATION. The name of the corporation is Tower Center Business Association, Incorporated. , hereinafter referred to as the "Association". The principal office of the corporation shall be located at Tower Center Subdivision Meridian, Idaho, but meetings of members and directors may be held at such placer' within the State of Idaho, County of Ada, as may be designated by the Board of Directors. 1 ARTICLE II Definitions Section 1. ="Association" shall mean and refer to the Tower Center Business Association, Inc. its successors and assigns. Section 2. "Properties" shall mean and refer to that certain property described in the Declaration of Covenants, Conditions, and Restrictions,' and such additions thereto as may hereaft�r be brought within the jurisdiction of the Association. Section 3. "Common Area" shall mean all real property owned by the Association for the common use and enjoyment of the Owners. Section 4. "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties with the exception of the Common Area. Section 5. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title or any -410t which is part of the Properties, including contract sellers, but excluding those having such interest merley as secur'4*,y for the performance of an obligation. • O Page 2 Section 6. "Declarant" shall mean and refer to N & D, Inc., its success- ors and assigns if such successors or assigns should acquire more than one un- developed lot from the Declarant for the purpose of development. Section 7. "Declaration" shall mean and refer to the Declaration of Covenants, Conditions and Restrictions applicable to the Properties recorded in the Office of the County Clerk, Ada County, Idaho. Section 8. "Member" shall mean and refer to those persons entitled to membership as provided in the Declaration. ARTICLE III Meeting of Members Section 1. "Annual Meetings" The first annual meeting of the members shall be held within one year from the date of Incorporation of the Association, and each subsuequent regular annual meeting of the members shall be held on the same day of the same month of each year thereafter, at the hour of eight o'clock, P. M. If the day for the annual meeting of the members is a legal holiday, the meeting will be held at the same hour on the first day following which is not a legal hol i day. Section 2. "Special Meetings" Special meetings of the members may be called at any time by the president or by the Board of Directors, or upon written request of the members who are entitled to vote one-fourth 0/4) of all of the votes of the Class A membership. Section 3, "Notice 'of Meetings" Written notice of each meeting of the members shall be given by, or ; at the direction of , the secretary of- person authorized to call the meeting, by mailing a copy of such notice, postage paid, at least 15 days before such meeting to each member entitled to vote thereat, address last appearing on the books of the Association, or supplied by such member to the Association for the purpose of notice. Such notice shall specify the place, day and hour of the meeting, and in the case of a special meeting, the purpose of the meeting. Section 4. "Quorum" The presence at the meeting of members ent4ded to cast, one-tenth(1/10) of the votes of each class of membership shall constitute a quorum for any action except as otherwise provided inthe Articles of Incopporation, the Declaration, or these By -Laws. If, however, such quorum shall not be • ® page 3 present or represented at any meeting, the members entitled to vote thereat shall have the power to adjourn the meeting from time to time, without notice other than announcement at the meeting, until a quorum as aforesaid shall be present or represented. Section 5, "Proxies" At all meetings of members, each member may vote in person or by proxy. All proxies shall be in writing and filed with the secretary. Every proxy shall be revocable and shall automatically cease upon conveyance by the member of his lot. ARTICLE IV Board of Directors: Selection: Term of Office Section 1. "Number" The affairs of this Associationshall be managed by a Board of six (6) directors, who need not be members of the Association. Section 2. "Term of Office" At the first annual meeting the members shall elect two directors for a term of one year, two directors for a term of two years and two directors for a term of three years; and at each annual meeting thereafter the members shall elect two directors for a term of three years. Section 3. "Removal" Any director may be removed from the Board, with or without cause, by a majority vote of the members of the Association. In the event of death, resignation or removal of a director, his successor shall be selected by the remaining trAembers of the Board and shall serve for the un- expired term of his predecessor. Section 4. "Compensation. No director shall receive compensation for any service he may render to the Association. However, any director may be reimbursed for his actual expenses incurred in the performance of his duties. Section 5. "Action Taken Without a Meeting." The directors shall have the right,to take any action in the absence of a meeting which they could take at a meeting by obtaining the written approval of all the directors. Any action so approved shall have the same effect as though taken at a meeting of the directors. ARTICLE V Nomination and Mection of Directors Section 1. " Domination" Nomination for election to the Board of Directors • Page 4 shall be made by a Nominating Committee. Nominations may also be made from the floor at the annual meeting. The Nominating Committee shall consist of a Chairman. Who shall be a member of the Board of Directors, and two or more members of the Association. The Nominating Committee shall be appointed by the Board of Directors, prior to each annual meeting of the members, to serve from the close of such annual meeting until the close of the next annual meeting and such appointment shall be announced at each annual meeting. The Nominating Committee shall make as many nominations for election to the Board of Directors as it shall in its discretion determine, but not less than the number of vacancies that are to be filled. Such nominations may be made from among members or non-members. Section 2. "Elections" Election to the Board of Directors shall be by secret written ballot. At such election, the members or their proxies may cast, in respect to each vacancy, as many votes as they are entitled to exercise under the provisions of the Declaration. The persons receiving the largest number of votes shall be elected. Cumulative voting is not permitted. ARTICLE VI Meeting of Directors Section 1. "Regular Meetings" Regular meetings of the Board of Directors shall be held monthly without notice, at such place and hour as may be fixed from time to time by resolution of the Board. Should said meeting fall upon a legal holiday, then that meeting shall be held at the same time on the next day which is not a legal holiday. Section 2. "Special Meetings." Special meetings of the Board of Directors shall be held when called by the president of the Association, or by any two directors, after not less than three(3) days notice to each director. Section 3. "Quorum" A majority of the number of directors shall constitute a quorum for the transaction of Business. Every act or decision done or made by a majority of the directors present at a duly held meeting at which a quorum is present shall be regarded as the act of the Board. ARTICLE VII Powers and Duties of the Board of Directors Section 1. "Powers" The Board of Directors shall have power to: • ® Page 5 (a) adopt and publish rules and regulations governing the use of the Common Area and facilities, and the personal conduct of the members and their guests theron, and to establish penalties for the infraction thereof; (b) suspend the voting rights and right to use the Common facilities of a member during a period in which such !member shall be in default in the payi4ent of any assessment levied by the association. Such rights may also be suspended after notice and hearing, for a period not to exceed 60 days for infraction of published rules and regulations; (c). exercise for the Association all powers, duties and authority vested in or delegated to this Association and not reserved to the membership by other provisions of these By -Laws, the Articles of Incorporation, or the Declaration; (d) .declare the office of a member of the Board of Directors to be vacant in the event such member shall be absent from three (3) consecutive regular meet- ing of the Board of Directors; and (e) employ a manager, an independent contractor, or such other employees as they deem necessary, and to prescribe their duties. Section 2. "Duties" It shall be the duty of the Board of Directors to: (a) cause to be kept a complete record of all its acts and corporate affairs and to present a statement thereof to the members at the annual meeting of the members, or at any special meeting when such statement is requested in writing by one fourth (1/4) of the Class A members who are entitled to vote; (b) supervise all officers, agents and employees of this Association, and to see that their duties are properly performed. (c) as more fully provided in the Declaration, to: (1.) fix the amount of the annual assessmert against each Lot at least thirty (30) days in advance of each annual assessment period. (2.) send written notice of each assessment to every Owner subject thereto at least thirty (30) days in advance of each annual assess - went period; and (3.), foreclose the lien against any property for which assessments are not paid within thirty (30) days after due date or to bring and action at law against the Owner personally obligated to pay the same. • • Page 6 (4.) issue, or to cause an appropriate officer to issue, upo n demand by any person, a certificate setting forth whetbe r or not any assessment has been paid. A resonable cahrge may be made by the Board of Directors for the issuance of these certificates. If a certificate states an assessment has been paid, such certificate shall be conclusive evidence of such payment; (e) procure and maintain adequate liability and hazard insurance on property owned by the Association; (f) cause all officers or employees having fiscal responsibilities to be bonded, as it may deem appropriate; a (g) cause the Common Area to be maintained. ARTICLE VIII Officers and their Duties Section 1. "Enumeration of Offices" The officers of this Association shall be a president and vice-president, who shall at all times be members of the Board of Directors, a secretary, and a treasurer, and such otheroofficers as the Board of Directors may from time to time by resolution create. Section 2. "Election of Officers" The election of officers shall take place at the first meeting of the Board of Directors follpwing each annual meeting of the members. Section 3."Term" The officers of the Association shall be.dledted annu4y by the Board and each shall hold office for one 0) year unless he shall sooner resign, or shall be removed, or otherwise disqualified to serve. Section 4. "Special Appointments." The Board may elect such other officers as the affairs of the Association may require, each of whom shall hold office for such period, have such authority, and perform such duties as the Board may, from time to time, determine. Section 5. "Resignation and Removal." Any officer may be removed from office with or without cause by the Board. Any officer may resign at any time giving written notice to the Board, the president or the secretary.. Such resign- ation shall take effect on the date of receipt of such notice or at any later time specified therein, and unless otherwise specified therein, the acceptance of such ® Page 7 resignation shall not be necessary to make it effective. Section 6. " Vacancies" A vacancy in any office may be filled by appoint- ment by the Board. The officer appointed to such vacancy shall serve for the remainder of the term of the officer he replaces. Section 7. "Multiple offices." The offices of secretary and treasurer may be held by the same person. No person shall simultaneously hold more than one of any of the othe r offices except in the case of special offices created pursuant to Section 4. of this Article. Section 8. "Duties" The duties of the officers are as follows: President (a) The president shall preside at all meetings of the Board of Directors; shall see that orders and resolutions of the Board are carried out; shall sign all leases, mortgages, deeds and other written instruments and shall cosign all checks and promissory notes. Vice -President (b) The vice-president shall act in the place and stand of the president in the event of his absence, inability or refusal to act, and shall exercise and discharge such other duties as may be required of him by the Board. See-retary (c) The secretary shall record the votes and keep the minutes of all meetings and proceedings of the Board and of the members; keep the corporate seal of the Association and affix it on all papers requiring said seal; serve notice of meetings of the Board and of the members; keep appropriate current records showing the members of the Association together with their addresses, and shall perform such other duties as required by the Board. Treasurer (d) The treasurer shall receive and deposit in appropriate bank accounts all monies of the Association and shall disburse such funds as directed by resol- ution of the Board of Directors; shall sign all checks and promissory notes of the Association; keep proper books of account; cause an annual audit of the Association books to be made by a public accoutant at the completion of each fiscal year; and shall prepare an annual budget and a statement of income and expenditures to be presented to the membership at its regular annual meeting and deliver a copy of each to the members. i ARTICLE IX Committees Page 8 The Association shall appoint an Architectural Control Committee, as provided in the Declaration, and a Nominating Committee, as provided in these By -Laws. In addition, the Board of Directors shall appoint other committees as deemed appropriate in carrying out its purpose. ARTICLE X Books and Records The books, records and papers of the Association shall at all times during reasonable business hours, be subject to inspection by any member. The Declaration, the Articles of Incorpjoration and the By -Laws of the Association shall be available for inspection by any member at the principal office of the Associali on, where copies may be purchased at reasonable cost. ARTICLE XI Assessments As more fully provided in the Declaration, each member is obligated to pay to the Association annual and special assessments which are secured by a continuing lien upon the property against which the assessment is made. Any assessment which are not paid when due shall be delinquent. If the assessment is not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of twelve percent (12%) per annum, and the Association may bring an action at law against the Owner personally .obligated to pay the same or foreclose the lien against the property , and interest, costs and reasonable attorney's fees of any such action shall be added to the amount of such assessment. No Owner may waiver or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his Lot. ARTICLE XII Corporate Seal The Association shall have a seal in circular form having within its circumference the words: Tower Center Business Association, Inc. 0 ARTICLE XIII Amendments e Page 9 .Section 1. These By -Laws may be amended, at a regular or special meeting of the members, by a vote of a majority of quorum of members present in person or by proxy. . Section 2. " In the case of any conflict between the Articles of Incorporation and these By -Laws, the Articles shall control; and in the case of any conflict between the Declaration and these By -Laws, the Declaration shall control. ARTICLE XIV Miscellaneous The fiscal year of the Association shall begin on the first day of January and end on the 31st day of December of every year, except that the first fiscal year shall begin on the date of Incorporation. IN WITNESS WHEREOF, we, being all of the directors of the Tower Center Business Association, Inc. , have hereunto set our hands this day of , 1983 r • . . • CERTIFICATION • Page 10 I, the undersigned, do hereby certify; THAT I am duly elected and acting secretary of the Tower Center Business Association, Inc. , an Idaho Corporation and, THAT the foregoing By -Laws constitute the original By -Laws of said Association, as duly adopted at the meeting of the Board of Directors thereof, held on day of , 1983 IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal of said Association this day of 1983. Secretary ARTICLES OF INCORPORATION OF TOWER CENTER BUSINESS ASSOCIATION In compliance with the requirements of Title 30 --Chapter 3, Section 30 - 301, State of Idaho, the undersigned, all of whom are real property owners of the State of Idaho and all of whom are of full age, have this day voluntarily associated themselves together for the purpose of forming a corporation not for profit and do hereby certify; ARTICLE I The name of the corporation is Tower Center Business Association, Incorporated., hereafter called the "Association". ARTICLE H The principal office of the Association is located at the Tower Center Subdivision, City of Meridian, County of Ada, State of Idaho. ARTICLE III Norman G. Fuller, whose address is 214 E. Fairview Ave, Box 851, Meridian, Idaho, is hereby appointed the initial registered Agent of the Assoc- iation. ARTICLE IV This Association does not contemplate pecuniary gain or profit to the members thereof, and the specific purposes for which it is formed are to provide for main- tenance, preservation and architectural control of the Tower Center Subdivision and Common Area within that certain tract of property described as: -- A tract of land located in the N 1/2 N1/2 of the SE 1/4 NE 1/4, Section 13, R1W, B: M. , Ada County, Meridian, Idaho and to promote the health, safety and welfare of the business within the above described property and any additions thereto as may hereafter be brought within the jurisdiction of this Association for this purpose to: • mage 2 (a) exercise all of the powers and privileges and to perform all of the duties and obligations of the Association as set forth in that certain Declaration of Covenants, Conditions and Restrictions, hereinafter called the "Declaration', applicable to the property and recorded or to be recorded in the office of the County Clerk of Ada County, Idaho and as the same may be amended from time to time as therein provided, said Declaration being incorporated herein as if set fourth at length,; (b) fix, levy, collect and enforce payment by any lawful means, all charges or assessments pursuant to the terms of the Declaration; to pay all expenses in connection therewith and all office and other expenses incident to the conduct of the business of the Association levied or imposed against the property of the Association; (c) acquire (by gift, purchase or otherwise), own, hold, improve, build upon, operate, maintain, convey, sell, lease, transfer, dedicate for public use otherwise dispose of real or personal property in connection with the affairs of the Association; (d) borrow money, and with the assent of two-thirds (2/3) of each class of members, mortgage, pledge, deed in trust, or hypothecate any or all of its real or personal property as security or money borrowed or debts incurred; (e) dedicate, sell or transfer all or any part of the common area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument has been signed by two-thirds (2/3) of each class of members, agreeing to such dedication, sale or transfer; (f) participate in mergers and consolidations with other nonprofit corp- orations organized for the same purposes or annex additional residential property arid Common Area, provided that any such merger, consolidation or annexation shall have the assesnt of two-thirds (2/3) of each class of members; (g) have and to exercise any and all powers, rights and privileges which a corporation organized under the Non -Profit Corporation Law of the State of Idaho by law may now or hereafter have or exercise. n ARTICLE V MEMBERSHIP 0 Page 3 Every person or entity who is a record owner of a fee or undivided fee interest in any lot which is subject by covenants or record to assessment by the Association, including contract sellers, shall be a member of the Association. The foregoing is not intended to include persons or entitlies who hold an interest merely as security for the performance of an obligation. Membership shall be appurtenant to and may not be separted from Ownership of any lot which is subject to assessment by the association. ARTICLE VI VOTING RIGHTS The Association shall have two classes of Voting membership: Class A. Class A .Members shall be all Owners, with the exception of the Declarant, and shall be entitled to one vote for each lot owned. When more than one person holds an interest in any lot, all such persons s hall be members. The vote for such lot shall be exercised as they dermine, but in no event shall more than one vote be cast with respect to any lot. Class A Members may delegate their voting rights to Lessor's or Manager's in writing, for the purpose of main- taining local interest in the Association. Class B. The Class B Member (s) shall be the Declarant ( as defined in the Declaration), and shall be entitled to three (3) votes for each lot owned. The . Class B Membership shall cease and be converted to Class A Membership :: when the total votes outstanding in the Class A Membership equal the total votes outstanding in the Class B Membership. ARTICLE VCI BOARD OF DIRECTORS The affairs of this Association s hall be managed by a Board of Six(6) Directors, who need not be members of the Association. The names and addressess of the persons who are to act in the capacity of directors until the selection of their successors are: Norman G. fuller 1103 West Camell Meridian, Idaho 183642 Page 4 At the first annual meeting the members shall eI t two directors for a term of one year, two directors for a term of two year$ and two directors for a term of three years; and at each annual meeting thereafter the members shall elect two directors for a term of three years. ARTICLE VIII DISSOLUTION The Association may be dissolved with the assent given in writing and signed by not less than two-thirds ( 2/3/) of each class of members. Upon dissolution of the Association, other. than incident to a merger or consolidation the assests or the Association shall be dedicated to an appropriate public agency to be used for purposes similar to those for which this Association was created. In the event that such dedication is refused acceptance, uch assets shall be granted, conveyed and assigned to a nonprofit corpora or other organization to be devoted to such similar pui ARTICLE IX DURATION The Corporation shall exist perpetually. ARTICLE X AMENDMENTS Amendment of these Articles shall require the , association, trust sent of seventy-five percent (75%) of the entire membership. IN WITNESS WHEREOF, for the purpose of for ing this corporation under the laws of the State of Idaho, we, the under signed, constituting the incorp- ators of this Association,, have executed these Articles of Incorporation this day of , 1983. 0 • Page 5 ,y Meridian Planning & Zoning item #1 Cont'd 2. U Nov. 14. 1983 The Motion was made by Morrow and seconded by Giesler that cdntiguent upon the • granting of the variance that the Commission recommend to the City Council that the final plat of Sunnybrook Subdivision #3 be approved, and that the change in the minimum square footage requirements of houses that can be constructed on each lot with lot designation be approved. Motion Carried: Morrow, yea; Johnson, yea; Alidjani, yea; Giesler, yea; Item 2 PUBLIC HEARING: Request for Conditional Use Permit to Operate Beauty Salon Janet Deppe was present. She explained to the Commission that she wishes to convert an exisiting residence into a home -owned hair style salon located at 129 East Pine. Deppe said that there will be one chair only with herself as the operator. When questioned on the response from neighbors, Deppe told the Commission that she had gotten all the required signature minus one. Chairman Bob Spencer opened the Public Hearing. There was no response. Chairman Spencer closed the Public Hearing. Chairman Bob Spencer mentioned to Deppe that if the Conditional -Use -Permit was to be granted, there would be an additional hook-up fee for sewer and water. Deppe said that she was aware of this. The Motion was made by Giesler and seconded by Morrow to instruct the City Attorney to prepare the Findings of Fact and Conclusions of Law concerning the request by Janet Deppe for a Conditional Use Permit to operate a one chair beauty salon at 129 East Pine, with the stipulation that the operation be limited to one chair only (if Deppe wishes to increase chairs she must come before the Commission again), that the sign be limited to an attractive wood sign with no increase in light from what is presently on the pole, and that Deppe meet all regulations and ordinances. Motion Carried: Morrow, yea; Johnson, yea; Alidjani, yea; Giesler, yea; Item 3 Annexation Request N&D Inc. ;r Mr. Norm Fuller, 1103 W. Camellia, was presented representing N&D Inc. Fuller said that they are requesting annexation of an approximate 4 acre parcel located on 417 S. Meridian Road to be zoned Industrial. Fuller's plan is to develop an Industrial Planned Unit Development on the parcel. It was determined that the property to the South of the proposed annexation is zoned commercial, and the property to the North is zoned residential. Chairman Bob Spencer opened the Public Hearing for comments. There was no response. Spencer closed the Public Hearing. Fuller told the Commission he felt the IUD would be harmonious with the surrounding area. There was much discussion. (Tape on File - City Clerk's Office - Meridian City Hall) It was brought to the attention of the Commission that ACHD had not yet commented on the proposed annexation request. Commission members concured that they would like to have ACHD's comments available to them before making any kind of a recommendation. The Motion was made by Morrow and seconded by Johnson that the annexation request by N&D Inc. be tabled until the next regular meeting of the Meridian Planning & Zoning Commission to be held on December 12, 1983. Motion Carried: Morrow, yea; Johnson, yea; Alidjani, yea; Gielser, yea; �� 0 0 Meridian Planning & .[tem #3 Cont'd . . . . . . Commission M Nov. 14, 1983 City Attorney Wayne Crookston requested that the Planning & Zoning Commission and Mr. Norm Fuller waiver his serving as Counselor on the annexation request. Crookston explained that his firm had represented Mr. Fuller in the past, which he felt may cause some sort of conflict of interest. Chairman Bob Spencer said that he felt any comments that Mr. Crookston may have concerning the Annexation request would be based on a factual nature and he felt that there was no problem. Mr. Fuller agreed, saying "I have no problem." Being there no other business to come before the Commission . . . . . . The Motion was made by Morrow and seconded by Alidjani to adjourn at 9:10 p.m. Motion Carried: Morrow, yea; Johnson, yea; Alidjani, year Giesler, yea; ATTEST: pc: Mayor & Council (5) P&Z Comm. (6) Stuart; Ward; Schoen; Police; Fire; JUB; City Atty; Hein; Kiebert; ACRD; ACC; APA; NMI; CDH; AZD; Valley News; Statesman; Press Tribune; CHAIRMAN, BOB SPENCER File: Sunnybrook Sub. #3 N&D Annexation Janet Deppe Mail: Sunnybrook Sub. #3 - Boesiger N&D Annexation - Norm Fuller Janet Deppe 0 r • Meridian Planning & Zoning January 9, 1984 Regular meeting of the Meridian Planning and Zoning called to order by Chairman Bob Spencer at 7:33 p.m. Members Present: Marnell Chenowith; Jim Johnson; Moe Alidjani; Walt Morrow; Jim Shearer; Others Present: Wayne Crookston Jr.; Norman Fuller; Don Hubble; Jack Niemann; Minutes of the previous meeting held December 12, 1983, were approved as written. Chairman Bob Spencer welcomed new Commission Member Jim Shearer, and introduced him to the other Commission Members and the public. Item 1 Findings of Fact and Conclusions of Law - Tower Annexation Request -�/ Chairman Bob Spencer read the Findings of Fact and Conclusions of Law regarding the Tower Center Annexation Request in its entirey into the record. (Tape on File - City Clerk's Office; Document on file with these Minutes) The Motion was made by Johnson and seconded by Morrow that the 7th line in Item #9 of the Findings which reads "and Waltman Lane on the South be corrected to read "and Waltman Lane on the North .". Motion Carried: Chenowith, yea; Johnson, yea; Alidjani, yea; Morrow, yea; Shearer, yea; Commission Member Johnson questioned Item #9 of the Conclusions, stating that the applicant's proposal for sewer service conflicts with present sewer policy and ordinances. City Attorney, Wayne Crookston explained that the applicant proposes to develop the property in such a fashion that no streets within the development would be dedicated to public use but rather would be easements for public use with the property owner retaining ownership of the land. Crookston said that the present sewer ordinances of the City of Meridian provide that the City of Meridian maintain the sewer lines up until they reach -the connection point for the line servicing the property or the property line, which ever comes first. Norman Fuller said that the streets would be deeded to a Business Owner's Associat Crookston stated that this would be an owner other than ACRD or the City, and was in conflict with present Ordinances. Johnson also said that he would like to "go on record" that while the City does have a substantial amount of industrially zoned property which is not presently being developed, this is "no excuse for not looking at other bonafide industrial developments." Johnson said that he .felt that the Commission should be "open! minded in that area". There was more discussion regarding Item #9 of the conclusions(Tape on File) The Motion was made by Johnson that Item #9 of the Conclusions (That the applicant's proposal for sewer service conflicts with present sewer poliey and ordinances) be deleted from the Findings of Fact and Conclusions of Law on the Tower Center Annexation Request. There was discussion. (Tape on File - City Clerk's Office) Commission Member Walt Morrow said that he felt the City's responsibility was well defined in that it ends at the property line. Morrow said that if there is a conflict with this proposal, why delete. 0 Meridian Planninq & Zoninq 2. January 9, 1983 Chairman Spencer said that he felt that Item #9 was not going to change the overall effect of the Findings of Fact and Conclusions of Law. The Motion was seconded by Morrow. Motion Carried: Johnson, yea; Alidjani, yea; Morrow, yea; Shearer, yea; Chenowith, nay; Crookston told the Commission and Fuller that the comment in Item #9 was that the City's responsibility ends at the property line or the connection whicheverz comes first. There was discussion again regarding #9 of the Conclusions. (Tape on File) The Motion was made by Chenowith and seconded by Morrow to reinstate Item #9 of the Conclusions, with the insertition of the word MAY, reading "That the applicant's proposal for sewer service MAY conflict with present sewer policy and ordinances". Motion Carried: Chenowith, yea; Alidjani, yea; Morrow, yea; Shearer, yea; Johnson, nay; Morrow said that he felt that many issues could be resolved if Pennwood were a dedicated street now. Morrow said that he felt this should be included in the Findings of Fact and Conclusions of Law. Chairman Spencer told Morrow that the issue of Pennwood Street being a dedicated Street goes along with the plat request. The Findings of Fact and Conclusions of Law as presented is for annexation consideration only. The Motion was made by Chenowith and seconded by Alidjani that the;Meridian Planning and Zoning Commission adopt and approve the Findings of Fact and Conclusions of Law as amended. Motion Carried: Chenowith, yea; Alidjani,-yea; Morrow, yea; Shearer, yea; Johnson, nay; The Motion was made by Chenowith and seconded by Alidjani that the Meridian Planning and Zoning Commission recommend to the City Council that the annexation request for Tower Center Annexation, by N&D Inc., be denied based upon the Findings of Fact and Conclusions of Law. Motion Carried: Chenowith, yea; Alidjani, yea; Shearer, yea; Johnson, nay; Morrow, Abstain; The Motion was made by Morrow and seconded by Chenowith that the Meridian Planning and Zoning Commission take no action on the Plat request of Tower Center Annexation, by N&D Inc. Motion Carried: Chenowith, yea; Alidjani, yea; Shearer, yea; Johnson, yea; Morrow, yea; Being there no other business to come before the Commission ... . . . . The Motion was made by Morrow and seconded by Alidjani to adjourn at 8:20 p.m. Motion Carried: Chenowith, yea; Alidjani, yea; Shearer, yea; Johnson, yea; Morrow, yea; APPROVED: ATTEST: CHAIRMAN, BOB SPENCER H. Niemann/City Clerk x Meridian Planning & Item 3 0 2. Dec. 12, 1983 PUBLIC HEARING: Annexation Request Tower Subdivison and Preliminary Plat Chairman Spencer asked Mr. Fuller if he had received the comments. Fuller replied that he had, and would like the project Engineer, Don Hubble to speak to those comments. Hubble said that the objective of putting the utilities in private dedication was to provided a perment easement for those facilities. Maintenance would be handled through the covents to guarantee operational maintenance for Sewer & Water. Hubble said that they are planning on leaving an opening foreseeing the extension to Penwood Street. This however, will not be a dedicated street. Commission Member Walt Morrow questioned that if this was not a dedicated street at the time it is extended through, it will have to become a dedicated street, "Who will have to pay the costs to bring it up to ACHD standards?" Hubble said that he felt this would be up to the assocation and whoever developes to the West. "This will be for private access and for public access too," Hubble said. Norm Fuller explained that he thought that the responsibilty for bringing the street up to ACHD standards should lie with the persons' behind when they decided to develop. Fuller said that because they had paid enough less for their property, as it was not a frontal piece of property, they should be responsible to pave the street when the time came. "It all works out in the free enterprise system," Fuller said. "Its' all been adjusted in the price of the land up to -now." Morrow told Fuller that he could understand this logic, but felt that "each must pay his own fair share." This is no different than when a subdivision is put in and must dedicate the streets to ACHD standards Morrow said. Fuller said that he felt he had already paid for this in the price of the frontage property, and "I have to widen Meridian Street, which is for their benefit as much as it is mine." Commission Member Chenowith: "It sounds to me that we are debating rules and regulations that are already set down." "These are standard rules & regulations." Fuller said that a PUD area allows this. "If I have to bring that street to County standards - now - it won't be feasible." "Under this particular use it just won't be feasible." Fuller cited economic conditions, financing, and inflation as his reasoning. There was discussion concerning the placement of the sewer line. (Tape on file - City Clerk's Office) Hubble said that they were open for comments and for a more practical way to do it. Hubble said that Earl Ward recommended that they use the manhole on Gem St., which is North of the project area, and would like to see the sewer line extended down Meridian Street. Hubble said they were given no other options at the time - and were open for any suggestions. Hubble told the Commission that they. -had not yet set down with the Fire Deparment and discussed the width of the street and the radius. They had some comment on the locations of fire hydrants but "have not arrived at anything." As far as runoff, Hubble said that if the streets are not paved, the runoff will be mininumal.but they may as an option, have an on-site system. If the streets are paved they would have to have a more extensive drainage system, Hubble said. They are proposing that the streets be graveled. Hubble presented the Commission with a•topography map of the -tract, which showed the relationship to existing buildings and irrigation facilities. , Meridian Planning & Item #3 0 Commission Cont' d . . . . . . 3. r� u December 12, 19 Commission Member Giesler told Hubble that he felt there was a real problem with the width of the street and with the radius as far as Fire equipment was concerned. Giesler said that this "needs work.'.' Hubble said that an option would be to locate a fire hydrant at both ends or maybe even in the middle of the block. Morrow said that he is concerned with the Water and Sewer lines in the easement past the property line. Morrow said that it was his understanding that this could not be done. City Attorney Wayne Crookston said that under the Sewer Ordinance, the end point for the Citys' responsibility is at the connection point or the property line, which ever come first. There was discussion. (Tape on File - City Clerk's Office) Chairman Bob Spencer opened the Public Hearing. Russell E. Johnson was present. Mr. Johnson explained that he owned the property adjacent to the proposed annexation. Johnson said that he is concerned that if .allowed, this will be mixing Commercial with Industrial. Johnson also pointed out that there is a considerable of property in the City that is all ready zoned Industrial, that has streets all ready put in, that is just sitting vacant. Morrow told Johnson that this would be considered "light Industrial." Johnson said that his concern is that once zoned Industrial there would be no means to restrict what might go in there, as it would be zoned for Industrial use. Johnson again"pointed out that he felt there was enough Industrial in the City right now. Gielser questioned Fuller as to if there were any parties interested in going into the development right now. Fuller said that he had some persons interested and felt that there was "lots of opportunity" for such a project. There was no other Public Comment. Chairman Bob Spencer closed the Public Hearing. There was discussion among the Commission concerning the dedication of the streets, and the responsibility of the sewer and water lines ending at the property line. (Tape on File - City Clerk's Office) The Motion was made by Morrow and seconded by Giesler to instruct the City Attorney to prepare the Findings of Fact and Conclusions of Law concerning the annexation request for Tower Subdivision by N&D Inc. Motion Carried: Giesler, yea; Morrow, yea; Johnson, yea; Alidjani, yea; Cbenowith, yea; The Motion was made by Chenowith and seconded by Alidjani to table action on the preliminary plat request for Tower Subdivision by N&D Inc. until such time as a decision is made on the annexation request. Motion Carried: Giesler, yea; Morrow, yea; Johnson, yea; Alidjani, yea; Chenowith, yea; January 17, 1984 Mr. Norman Fuller N & D Inc. P.O. Box 851 Meridian, Idaho 83642 Re: Tower Center Annexation Dear Norman, At the Planning and Zoning Meeting held January 9, 1984 the Commission recommended denial of the Tower Center Annexation request to the Meridian City Council. Please advise if you wish to have this matter brought before the Meridian City Council.. Sincerely C 7Ctyyy-em le_r�, �I pc: Mayor File ridian, ID. HUB OF TREASURE VALLEY A Good Place to Live OFFICIALS JACK NIEMANN, City Clerk CITY OF MERIDIAN BILL BILL BREWER A M. RDD. I Treasurer Police RICHARD D. STUART,a Chief Works, BRUCE Water Works, Supt. 728 Meridian Street RONALD R. TOLSMA J. E. BERT MYERS GD. CROOK, AYNE G. C, Attorney MERIDIAN, IDAHO ROBERT GIESLER E Waste ateJR., EARL WARD, Waste Water Supt. KENNY BOWERS, Fire Chief 83 BOBSPENCER Phone 888-4433 Chairman Zoning & Planning GRANT P. KINGSFORD Mayor January 17, 1984 Mr. Norman Fuller N & D Inc. P.O. Box 851 Meridian, Idaho 83642 Re: Tower Center Annexation Dear Norman, At the Planning and Zoning Meeting held January 9, 1984 the Commission recommended denial of the Tower Center Annexation request to the Meridian City Council. Please advise if you wish to have this matter brought before the Meridian City Council.. Sincerely C 7Ctyyy-em le_r�, �I pc: Mayor File ridian, ID. AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O. Box 427 Merldlan, Idaho &9842 Telephone 6884461 0 1� u 0 BEFORE THE MERIDIAN PLANNING AND ZONING COM1MISSION TOWER CENTER ANNEXATION FINDINGS OF FACT AND CONCLUSIONS The above entitled annexation having come on for considera- tion on November 14, 1983, and continued and additionally heard on December 12, 1983, at approximately 8:00 o'clock p.m. on said dates, at the Meridian City Hall, 728 Meridian Street, Meridian, Idaho, and the Commission having heard and taken oral and written testimony and having duly considered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. That notice of a public hearing on the annexation was published for two (2) consecutive weeks prior to the said public hearing scheduled for November 14, 1983, the first publication of which was 15 days prior to said hearing; that the matter was duly considered at the November 14 hearing and that the matter was then continued lawfully to December 12, 1983, for further consider- ation; that copies of all notices were made available to newspaper, radio and television stations. 2. That the Planning and Zoning Commission (P &Z Comm.) received both oral and written testimony. 3. That the property included in the Application for annexa- tion is described in the application, and by this reference is incorporated herein; that the property generally lies adjacent AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone 888.4481 El o to Meridian Road north of Waltman Lane and South of Franklin Road, and consists of approximately four (4) acres of land, and is generally known as 417 South Meridian Rbad, Meridian, Idaho. 4. That the property is adjacent and abutting to the present City limits; 5. That the property included in the annexation is within the Area of Impact of the City of Meridian as adopted by Ordinance No. 319, but which Area of Impact has not been adopted by Ada County. 6. That the entire parcel of ground is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the 1978 Comprehensive Plan: 7. That the application for annexation requests that the parcel be annexed and zoned "D" INDUSTRIAL; that the present use of the property is vacant ground and residential. 8. That the proposed use of the property would be to con- struct small shop spaces designed for industrial capability whereby the lot purchaser would own the lot and building in the nature of a townhouse design except' it would be used for. --industrial. purposes. 9. That the property is located for Comprehensive Plan purposes within what is referred to as Linder Acres which is a neighborhood as defined by the Comprehensive Plan and designed for residential use; that the property is not located in the mixed use I AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone 8884481 C., area which is adjacent to Linder Acres in that the mixed use review area is bounded by the Kuna-Meridian Rbad on the east and Waltman Lane on the South and everything north of Waltman Lane would be in the Linder Acres designation. 10. That the City of Meridian already has a substantial amount of industrial designated property which is presently vacant and is not being used for. any purpose. 11. That one of the industrial policies of the Comprehensive Plan is that industrial development should be encouraged to locate adjacent to existing industrial uses; that there are no existing industrial uses in the area which is the subject hereof and the predominant adjacent uses are residential. C O N C L U B -I O N S 1. That the City has authority to annex land pursuant to 50-222, Idaho Code; that exercise of the City's annexation authority is a Legislative function. 2. That the Planning and Zoning Commission has judged the annexa- tion application by the guidelines, standards, criteria, and policies contained in Section 50-222, Title 67, Chapter 65, Idaho Code, the Meridian City Ordinances, and the 1978 Meridian Comprehensive Plan. 3. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. AMBROSE, FITZGERALD 8 CROOKSTON Attorneys and Counselors P.O. Box 427 Merldlan, Idaho 83842 Telephone88Bd481 4. That the City may take judicial notice of governmental statutes, ordinances, and policies, and of actual conditions existing within the City and State. 5. That all land within the proposed annexation is contig- uous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation. 6. That the annexation application has been initiated by N & D, Inc. and is not at the request or initiation of the City of Meridian. 7. That the applicant desires to develope the property in such a fashion that no streets within the development would be dedicated to public use but rather would be easements for public use with water and sewer lines running through the proposed ease- ments with the property owner retaining ownership of the land. 8. That the sewer ordinances of the City of Meridian provide that the City of Meridian maintains the sewer lines up until they reach the connection point for the line servicing the property or the property line of the property being considered. 9. That the applicant's proposal for sewer service conflicts with present sewer policy and ordinances. 10. That the zoning of the property as industrial is not in compliance with the Comprehensive Plan of the City of Meridian in that the property is located in an area that is presently desig- nated as a neighborhood for residential development and the.appli- cation requests industrial zoning. AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 8.9842 Telephone 888.4481 • 11. That the City of Meridian has a substantial amount of industrially zoned property which is not presently being developed and one of the industrial policies of the Comprehensive Plan is to encourage the location of industrial development adjacent to existing industrial uses. 12. That it is finally concluded that the annexation of the subject property is not in the best interest of the City of Meridian; that the annexation of the property as industrial ground is not reasonable and would be in violation of the City of Meridian Comprehensive Plan in that the property is presently located in a neighborhood which is reserved for residential development and the Comprehensive Plan has a policy of encouraging industrial development -to locate near existing industrial uses. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts andl approves these Findings of Fact and Conclusions. Poll Call Commissioner Morrow Voted Commissioner Alidj ani Voted Commissioner Geisler Voted Commissioner Chenow ith Voted -Weq Commissioner Johnson Voted Chairman Spencer (Tie Breaker) Voted DECISION ANT) RRrnM1vRWnamrnWT The Meridian Planning and Zoning Commission hereby recommends to the City Council that this annexation request be denied based AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O.-Box 427 Merldlan, Idaho 83842 Telephone 888=4481 upon the above Findings of Fact and Conclusions. Motion: Approved Disapproved 1 1 61` ev 3 ` / l Ob (4ca<y I OFFICIALS JACK NIE ANN, City Clerk A. M. KIEBERT, Treasurer RICHARD D. NICHOLS, Chief of Polies BRUCE D. STUART. Water Woft SuPt. JOHN O. FITZGERALD, Attomey EARL WARD, Waste Water Supt. Mr. Don Hubble, P.E. 3952 Daisy Way Boise, Idaho 83709 Dear Mr. Hubble: • HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN. 728 Meridian Street MERIDIAN, IDAHO 83642 Phone S88-4433 JOSEPH L. GLAISYER January 9, 1984 Mayor Re: Tower Center Subdivision Meridian, Idaho COUNCILMEN GRANT P. KINGSFORD BILL BREWER RICHARD F.ORTON, JR. RONALD R. TOLSMA BOBSPENCER Chairman Zoning 6 Planning In accordance with your request, a meeting was held with you in the Meridian City Hall Conference Room on December 27, 1983, to discuss fire protection requirements for the subject project. The city staff people in attendance were: Gary D. Smith, P -E. - City Engineer Bruce Stuart - City Water Superintendent Skip Voss - City Fire Marshall As a result of that meeting, you need to take the following items into account for your project development: 1. A water and -sewer- service will need to be provided for each building or user. The water meter tile shall be located in a planter area or out of driveway, otherwise a cast iron ring and cover on a concrete tile will be required. 2. The 24 -foot width of Pennwood Lane is not adequate for fire fighting access. Minimum width shall be 30 feet. 3. A minimum 20 -foot wide access shall be provided to and along the north side of Block 3 for fire fighting access. 4. All building construction shall conform to the requirements to the Meridian City Building Department. 5. The "existing water line" shown on the "utility plan" sheet is located along the east edge of Meridian street pavement. 6. The water line in Pennwood Street shall be relocated to the north side of centerline, in accordance with the Ada County Highway District utility corridor location map. This water line shall be continued to the west property line for future extension by adjacent property owners. Mr. Don Hubble, P.E. -2- January 9, 1984 7. Two hydrants are required and they shall be located on Pennwood Street, north of centerline. The easterly most hydrant will be adjacent to Pennwood Street and Pennwood Lane turing right as you enter the subdivision. The westerly most hydrant will be adjacent to the westerly boundary line. 8. It is not necessary to loop a water line around the south side of Block 1 since services for these lots will come from Pennwood Street. 9. Provide a minimum 10 -foot wide walk through access between buildings in the middle of Block 1. Si erely, Gary D. Smith, P.E. City Engineer GDS:mz bcc: Bruce Stuart Skip Voss Earl Ward ADA CAUNTY HIGHWAY DISTRICT CHARLES L. WINDER, PRESIDENT DWIGHT V. BOARD, VICE PRESIDENT GLENN J. RHODES, SECRETARY December 16, 1983 N & D, Inc. P.O. Box 851 Meridian, Idaho 83642 Re: Tower Center Preliminary Plat Section 13; T3N; R1W; B.M.; Ada County, Idaho Gentlemen: On December 15, 1983 the Commissioners of the Ada County Highway District (hereafter called "District") approved the Preliminary Plat subject to the conditions as stated below: 318 E. 37TH STREET BOISE, IDA40 83704 PHONE: 344-6111 1. Provide by dedication 40' of right-of-way from centerline of Meridian Road to the parcel. 2. Make deposit to the Public Road Trust Fund for the future improvement of Meridian Road (estimated cost is $4,000.00). 3. Relocate all obstructions out of the public right-of-way. Prior to relocation, obtain written approval from the applicable jurisdiction. 4. All dedicated streets to be improved to Ada County Highway District Standards. 5. Submit street access and drainage plans with hydraulic calculations prepared by a Registered Engineer in accordance with Section 54, Chapter 12, Idaho Code for approval by the Ada County Highway District. 6. Obtain written approval from irrigation/drainage jurisdiction(s) for storm run-off into irrigation/drainage system(s). 7. If Pennwood Street is dedicated, it is to be improved to Ada County Highway District's standards and street plans prepared by a Registered Engineer to be submitted for approval by the Ada County Highway District. 8. One street approach to Meridian Road will be allowed. 9. Delineate all private drives on the Final Plat. 10. Direct lot access to Meridian Road is prohibited. Delineate on the Final Plat. 11. Submit payment of $190.00 for review of the Preliminary Plat. In order that the Final Plat may be considered by the District for acceptance, the Developer shall cause the following applicable/standard conditions to be satisfied prior to District certification and endorsement: 1. Drainage plans shall be submitted and subject to review and approv by the District. Fe- f14 z OoIsIvM r sz, AN EQUAL OPPORTUNITY EMPLOYER s N & D, Inc. December 16, 1983 Page 2 2. If Public Street Improvements are Required: Prior to any construction within the existing or proposed public right-of-way, the following shall be submitted and subject to review and approval by the District: a) Two complete sets of detailed street construction drawings prepared by an Idaho Registered Professional Engineer together with payment of plan review fee. b) Execute an Inspection Agreement between the Developer and the District together with initial payment deposit for inspection/ testing services. c) Complete all street improvements to the satisfaction of the District, or execute Surety Agreement between the Developer and the District to Guarantee the completion of construction of all street improvements. 3. Furnish copy of Final Plat showing street names as approved by the Local Government Agency having such authority together with payment of fee charged for the manufacturing and installation of all street signs as required. 4. If Public Road Trust Fund deposit is required, make deposit to the District in the form of cash or cashier's check for the amount specified by the District. 5. Furnish easements, agreements, and all other datum or documents as required by the District. 6. Furnish Final Plat drawings for District acceptance, certification, and endorsement. The Final Plat must contain the signed endorsement of the Owner's and Land Surveyor's certification. Please contact our Development Services Office at 344-6111, Extension #420, should you have any further questions. Sincerely, ADA COUNTY HIGHWAY DISTRICT Carol C. Kirby Development Services CK/dh cc: Central Files Meridian Planning & Zoning Commission E. Don Hubble Development Services AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone 8884481 NOTICE OF HEARING PROPOSED ANNEXATION AND ZONING NOTICE IS HEREBY GIVEN, pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that a hearing will be held before :the Planning .and Zoning -Commission of ..the City of Meridian., at the City Hall in the City of Meridian, at the hour of 7:30 o'clock p.m., on November 14, 1983, for the purpose of annexing and zoning the following described property. The following is a general description of the property to be known as TOWER CENTER ANNEXATION, to be zoned "D" Industrial, a more particular description of which is on file at the City Hall and may be inspected during regular business hours: A parcel of land located in the SE 1/4 NE 1/4, Section 13, T. 3N.,'R. 1W., B.M., and which has a general street address of 417 South Meridian Road and contains approximately four (4) acres. Any and all persons interested shall be heard at said meeting. DATED this 21st day of October, 1983. "j ()��noe------ c Niemann, City Clerk PROJECT A/0, ITEM Y)EX LL TV J'ACIC ME�v►AMn 017-Y CL &W1C JOB NO. ®� 43 SHEET DESIGNED (17,fDATE !��� �`�•� CHECKED DATE J-4C,k P&-& 0 t4 0 OVOE Ceti u& -M4 n 0k7 YE5 7ER104 y , X Am 14977 e Hjvl d A sn IU4, vqC 1 LE SKE7Z # 5 hl0WY"q /J>z0)v6?Z7L/ G{l17' l 12�S��T To D?kfM ?1W'06)2770 Co h'd&7Z10/4bi s7' jltl7Z &OCA7700s OF J7&_We& �,?) RnO W47M l6') W 7;y rr ;y Z ,V,4Vd ALSO 014TL[h0 3TREETE r-12vm )=RAVA(UY) ,St704PE 50 O -J)4A7- &DO WI ST- VF F(4L (_eW- , � �-y• • I PEh�w®OIO S172L-&T' /$ To ,6e 1)7?Z) Ot&-J7W000 E37_4 W 17" 1,)&-/6LqpS , -rT -stai u `o 41-90 66 P)!7-,FV10 R) TV 774E 4614,s/ 4 . M tVIZO w IJ RMA -17 1Y7 EY 7Ukl $10kj OF P0111W000 TO TH8' CWl A-pW L091CALt9 THATlam- t l�`� w®Leto Pik Sr THVLOUgH 1-4E rruuew, p"per • We7coeul ouny oc?4T WA2 T- -m 9E7- d`jq� A LA-oio LOCk, 774,9T WoUt,Ki 10lW141l d /T i 8>47,F ISloo WITHOUT A s/7c_4d LE CAST M � O (. O 0? 1_ f V7 Q� m a l � TG�i A-11 r19 �j1 a�7' 1 i Tl Pte. � �AltllrY ewel SeweY In easemaot 1h 0 Put-) 1s T447- TGT C 1 iy azut o %3Cr Fl- CEo L,)/77 --i EXT'F4,11s147_7M j 0112(11 m 07-� CF4 THAT- 4VOUI D l�NICE 1%7�i�l r�� aC IJI rF �C�-aIT J U -B 460 10-78 PRO. (0 �. ITEM JOB NO. SHEET DESIGNED DATE CHECKED DATE Fvem T"Ll " ?WE .SP1 sFj'r e"r f-Y1,77S /3®7W F),et �oo 9M c C,*6 Tom.0 VOU H0129a,z svomt&-Z v"ou;?- �.4jjj 4cc �' �- e vii XI)sPE-C770, , nor lhctuvin9 m4lp7 ,) W01Q.. 1-l"zol,3LOws Oouuo 6E campouoO&V a&-e,4uXE OF 7,qF numozouS 77V,47- COu40 6F /h vol- u& -v. W/711 '% YF' P (U M-6 STl2E�FT EX47&-�Vl o s'1 J -17L,14 770M 7 `rJ,41�►�y, ,��� �'-O�J cis - l S 0 0cJ�,�1 owe 7�fE s c� L � i3� pul3L to s © 71dE 5� jo I'v -LX W( vo U¢10 4 E 4Ls ®, 7YE OE -)07-N OF 7WE Cew&-n (e)C�e-o cUcj / A4 7'lu rvUo . llakDp7� (�Us� 'eau"04" I 6v �d toe 0,4✓p vx • 9's- Acf, , 6vou 1 C loc abo'5'5- • Z4- WOtrcd 6z c/i Ar! Utr 777 A) 7-kii T e rex >Y 7 vor) ry) tAe N prq a7m jj ffX TO I - HE LA�V% 724'�- plump&-�lrl/ 7v '77� sou7"w 4n o w&zr ®F dz i-mltF L 4- W/ L4 �M vE i*0 SeW&& Fo"7W w &77- 7-0 All OF pF1tlz6 Zr ljj-esejj�ly �0eav�� erLr��e9 eke edge J. U -B 460 ,0.78 PROJECT �. ITEM _ r •. 0 JOB NO. SHEET DESIGNED DATE CHECKED DATE /+%o 12401US for SOrn E C01W&C IwVvL lLt7,4U4/.4t,j JHcre,Vo, ,easemere/_ /s ovt J'Or�PPk7V �'� f J" aym cy Audi 4- o f "t0 nV-2-17' C! e #&X J)W-, )gZttt&W, 125 Cel LIN Alae H- ",��lqvw to /s h o=ur Gva/ey sG�ruld ,� ���t� ow k, lqts0, Pe gx%sAn'l- 9 w4 l/ J.0-8 460 10.78 A COUNTY HIGHWAY DISTRICT 318 EAST 37th STREET BOISE, IDAHO 83704 Inter -Department Correspondence n To: Ada County Highway District Commission Date: November 10, 1983 From: Development Services Subject: MERIDIAN ANNEXATION - NORMAN FULLER FACTS AND FINDINGS: 1. The four acre parcel is located at 417 South Meridian Road. Intent is to develop an industrial planned unit development. 2. A permanent road easement (50' wide) bisecting the parcel is indicated; unknown is whether it is private/public. 3. Meridian Road has a 50' right-of-way; 80' is required. Meridian Road is improved with approximately 24 of paving in poor condition. RECOMMENDATIONS: 1. If the annexation is approved and the planned unit development proceeds, then the following recommendations are made to the Meridian Planning and Zoning Commission as Conditions for Compliance: a) Provide by dedication 40' of right-of-way from centerline of > Meridian Road to the parcel. b) Make deposit to the Public Road Trust Fund for the future improvement of Meridian Road (estimated cost is $8,288.00). c) Relocate all obstructions out of the public right-of-way. Prior to relocation, obtain written approval from the applicable jurisdiction. d) All dedicated streets to be improved to Ada County Highway District Standards. e) Submit street access and drainage plans with hydraulic calculations prepared by a Registered Engineer in accordance with Section 54, Chapter 12, Idaho Code for approval by the Ada County Highway District. POLICY IMPLICATIONS: 1. Recommendations are made to the Meridian Planning and Zon0 Commission as Conditions for Compliance. SIGNATURE OF STAFF SUBMITTING: Dennis Burton Il a . ' .. P t :"t^' k '� .�i 4, k � SzN `'�f % xl..rR, a3 S ��4x,• `ly � a`' .k � Rv4-'i� # ,1, 3` . F IN 1 A t3 ^k 1 '42 } ,w xi Ek MA 1 �- ?} 1 ! TE 3 ? 4A' Y l t� jp'i d -0y i» .r} ':- 5 xe ''fit .*.. 525 - I - - I I I CONTAINED. 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J. � m O L�yJ O � F 0 m® or+ °', a rtCA rD r m cn e+ O M �, L.J' — CP fD7 N En 2 y O -S c+ ce -S M Cu `i d• t� N L CD III � 1.4 Z Cn O lh p Q Cu 4G N. LO —� ro C' M d H !V C -t7 flD W C -t7 S 3 rD r m a lh z a o� LO ro CA O m0 O�z CL CD CL a -n m a® � z sIN r Cv {� t3 m rA f d au l m c cr 3. -- rn o o au C+ �� NCL '1 c ( � (D CLc Do r+ w• ` ® ® N SUBDIVISION EVALUATION SHEET (Recommendations Only!!) Proposed Subdivision Name: TOWER CENTER SUB. Subdivision No. Date Reviewed: 12/5/83 Preliminary Stage: XXX Final: The following SUBDIVISION NAME is approved by the Ada Cou ty Engineer or his designee per the requirements of the IDAHO STATE CODE. TOWER CENTER SUBDIVISION X. The street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under the direction of the Ada County Engineer) regarding this subdivision. The following existing street names are approved and shall appear on the plat as: "S.. MERIDIAN STREET" "W. PENNWOOD STREET" The North/South street on the West end of the subdivision shall be named: "S. WEST 2nd LANE" Please choose two names for the East/West private lanes, all three east/west streets cannot carry the same name. Call Terri at 383-4425 for approval of the street names. The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee, in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEE, AGENCY %PBLSENTATIVES OR DESIGNEES T Ada County Engineer David Collins, P.E. Ada Planning Assoc. Terri Raynor Local Fire Dept. Representative *******NOTE*'*********A COPY OF THIS EVALUATION SHEET MUST BE PRESENTED TO THE ADA COUNTY ENGINEER AT THE TIME OF SIGNING THE "FINAL PLAT", OTHERWISE, THE � w WILL NOT BE SIGNEDIIIiI!III `� ;rev. 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(D cn D O A C.+ 'O z go t7 A O rD ct _moi. =3 d cucu Ln cp W vi J• � O O ci '^ m C+ -O $ fC, O 's m :3 J. C:) v c C-) m mw C-) O 3 3 m z N D Z v Z7 m C') 0 3 3 m ZZ n -i O z N J. Lr D .J C< n A ID J. -p (D y Z � y (D C+ J. y y 0 (D O p O (D M (D O O Ea sm CD O O. 3 0) (D c+ 's J. a0 J. y W O d Cr -Do J 0 C+ C+ J. J. cG N c) -5 =3 0 CL -0 c N (D O y O C+ m 0 n O v . • N N 00 w mm C m -N-1 D (D x a C+ 0 W Lo N (3D N O -S 00 J. CD n 3 J. CD Y Q p J. 3 ►-+ a v O N 00 c-+ W. rn � N a L4 a rD C -) rD O .� (D Er), IL4 VFq CO (gy�pp Ft i c+ m 0 n O v . • N N 00 w mm C m -N-1 D (D x a C+ 0 W Lo N (3D N O -S 00 J. CD n 3 J. CD Y Q p J. 3 ►-+ a v O N 00 c-+ W. rn � N CENTRAL 0 TRICT HEALTH DEPARTMENT • Review Sheet Return tc Boise Rezone # _ Eagle Conditional use # Meridian Preliminary/Fin 1/Short Plat — Runa p- b, _ A C Z veld�errce��� 1.' We have no objections to this proposal. 2. We recommend denial of this proposal. 3. Specific knowledge as to the exact type of use must be provided before we can comment on this proposal. 4. We will require more data concerning soil conditions on this proposal before we can comment. 5. We will require more data concerning the depth of (high seasonal ground water)(solid lava) from original grade before we can comment concerning individual sewage dis- posal. 6. We can approve this proposal for individual sewage dis- posal to be located (2,4) feet above high seasonal ground water, 4 feet above solid lava layers. 7. We can approve this proposal for: Central sewage _Interim sewage _Individual sewage ndY— Y Central water _Individual water Community water well. $. ns for Community sewage _Sewage dry lines, and entral water _Community water must be submitted to and roved by the Regional Health and Welfare Environmental Services Office. 9. Street runoff is not to create a mosquito breeding problem. 10. This department would recommend deferral until high season- al ground water can be determined it other considerations indicate approval. > 1� ',, Wriewe4f by : Date 3 --4:x CD Nm Z 00-1 J. J. Q: Q w -S.0) d F�� pJ• C2 w W rF J• W � Na w In_ • co n O_ a w CL o. r+ Q w N s (D m N w N m A m N (.n Z c-) A --i z 00 O O O N -�• m A J. O •• J. d N J (D C V T w d c+ �E cw+ S (D O w c < M wA O O a c J. 23 s CD w c+ N 7 go. w M 1 1V a O 0' O -1 J. (D A to O C7 � 0 (D rL N c+ y J. -.0 Q � N O f J J J. ,r+ m I C W ao W G7 Cr 3 g C I •S J. J. i C A J w 10 O m O c+ o fi 0 Cw] i W a _, C+ -5 �� T• CA rt O (D J• 1V A C O Lr O o Li N �- w m co o w a s 3 F o c+ -h a N Z �. O O 5 w m o C+ O 3 3 m z N n z 0 z m C-) 0 3 3 m z 0 n 0 Z N w (D r.. -�• f D C-) A 0 ID -+. -0 m N (D ci- -+• N N o m :3 0 0 C+ -S CD CL -S (D O O a � m CD m 3 fl+ m rr J. J. y w � w 0- O J a, w c+ r+ J. 3 J. co N w -S O (D M �o C N m O N :3 c+ A a J. m w � N o O N CL O A `f/yYy�Jl•. 0 c � CL R. w a R L r N 00 W m -C7 C m 3 r-� c_ D Z � z CD x w C 0 D � z 0 z N (p IV O -3 M J• (D O. w i V CL O J. 3 ►-� w D O to W rt W• Ot -P O • I z Q w fD � o_ m m -• w 0 0 Oto Q, w 'Z `ct n a o_ Ln (AD �• CD O O 7 r+ Z m S D O O a. r+ J. J• J• tc- V) S a N O 0 A 7 m J. C+ to S N =- m 'S w J. `+ J. D> to O A N S O —+ ►-+ c+ N f -'h0 �. ID J. mJ. A N (D co w w o m c+ -S C"+ crt CD e t D J. CD (D A J _0 r+ J. J. C N n S --1 Ro n Z c+ to w W J � w m CI+ C O m � `J m m m I C W ao W G7 Cr 3 g C I •S J. J. i C A J w 10 O m O c+ o fi 0 Cw] i W a _, C+ -5 �� T• CA rt O (D J• 1V A C O Lr O o Li N �- w m co o w a s 3 F o c+ -h a N Z �. O O 5 w m o C+ O 3 3 m z N n z 0 z m C-) 0 3 3 m z 0 n 0 Z N w (D r.. -�• f D C-) A 0 ID -+. -0 m N (D ci- -+• N N o m :3 0 0 C+ -S CD CL -S (D O O a � m CD m 3 fl+ m rr J. J. y w � w 0- O J a, w c+ r+ J. 3 J. co N w -S O (D M �o C N m O N :3 c+ A a J. m w � N o O N CL O A `f/yYy�Jl•. 0 c � CL R. w a R L r N 00 W m -C7 C m 3 r-� c_ D Z � z CD x w C 0 D � z 0 z N (p IV O -3 M J• (D O. w i V CL O J. 3 ►-� w D O to W rt W• Ot -P O (3D N (D sOo -S Jr J. Q � Q J..0 J. i rL J. 00 � 00 � w+ � -P N Ai CL 1. n CL CL a CL CL C+ J. 0 O (i! n A --4 00 0 c� N J♦ A J• J (D c m �l w CD c 3 (D O �+ c `V J c� o 0 � c J. -5 O (D :D O w cF O iU fn g � � (D O -s 1,4 a (rD O A 0 n � (D Q w V) c+ (n J• �• 0 "0 O -0 :E J (") —J J. t. f+ 0 z O m 1m Ml d fD fD W O O CtLn J. Jr J \ (D J• c C a pi Ca+ m :E:fD (D O O C+ -S fD -s v c+ o a c+ Jr Jr J. G. (A O O A O (D c+ tm x (n s (D Qjc+ o m A vni to O OJ (OQ -+ c+ to -b J. --s x 0"< — v m Jr Jr �• (D J. A {n (D wa a v (D c+ -s - C+ J. C+ (+ J. VI — r. O 3 O i 'S C+ (D A D 'O c+ -+• -s —I (p z m C+ J. N � W Jw m c+ C O m :z t�'J H C-,) m k, J `1� ;o C 1 3 L (D S _•• J. "$ 'o O (� A7 c (moi ��� � y !� ! J �•.. o m o C+ a fi fD 0 n , (D o --5 -os o �'• u s 00 O C+ ON O I m O a -s :E• C+ s n O 3 3 m z n z v m n 0 3 m z v n Co z N J. :E n C--) A jr0 0 J• -O (D 0 N (D c+ J. V1 (n O O O • c+ a -s (D O O C+ s m fD O d (D c+ "S J. a� J. {n 0) O- �O J C+ C+ '3 Jr ca cn � (D a.n c N (D O N O C+ M Z H d 3 N 00 w H 00 w ;;D m m m m v •• z � A O z CD z x a z C+ O n � z v N O z Z n 3 v (D N Z 00 J. ^Q CD W 0 J. *-q w v = (A ODC+ W. N AVICATI N O FOR ANNEXATION APPRO* Meridian Planning & Zoning Commission Filing Information •• I. GENERAL INFORMATION --Tower Center (Proposed Name of Subdivision) b17 S. Meridian Road Meridian, Idaho (General Location) See attached (Legal Description - attach if lengthy) :J�_ L -C 1Uif ---- (Ealoene F. Ross 8 Barbara J. Ross) !( Tiarjori.e D. Shav) (Owner(s) of Record) ( 212 Aspen Cove (Name) Rd.) bon a e No. ) ( 1;.,87 Harrison GAT P,. (Meridian, Idaho ) Sebastopol, California 9572 _(Address) A & D. Inc. apa-LR9? (Applicant) (Name) (Telephone No. ) F.C. Box 8511, Yeridian, Idaho F3EL2 (Address) 20 8 (Engineer, Surveyor or Planner)) (Name) (Telephone No. ) 3","_, D, *:y (Address) • (Jurisdiction (s) Requiring Approval) (Type of Subdivision -Residential, Commericial, Industrial) } 50 Acres of Land in Contiguous Ownershi . (Accepted By:) (Fee) Miller and Associates P.O. Bax 851 Meridian, Idaho 83642 (208) 888-4892 October 19, 1983 City of Meridian 728 Meridian Road Meridian, Id 83642 Honorable Mayor and City Council; We request the approximate -4 acre parcel located on L17 S. Meridian Road to be annexed to the City of Meridian -as an Industrial Planned Unit Development as per our exhibits. I would like to take this time to thank you for your consideration of this matter. Sincerely, AN& D, Inc. Norman G. Fuller, Pres. NGF/sls STATE of IDAHO ) County of Ade ) On this 10th da,, of October, 1093, before me a notarT public in and for sair? State, personally apr)eared NORMA? G. FLTLLER, President of N E D, Inc., knoi;r to me to be the nersnn whose name is surscribed to the vithir instrument, ard�acknovi2edSed to me that he executed the same. o t a din€ at: Boise, ?daho Comm, expiree: 1/8E. W O to O M O ti N N 0 0 O Z O M � M N of M O EA0 � FF ANKLIN RD. 533.22' N. 80055'45 11 E. PROPOSED ANNEXATION 533.24 50' Easement - S. 890 417' 0 6" W. N E Car. Sec. 13 i3 n M O N O N p SCALE I" = I Cn E. 1/4 Car. Sec. 13 r® o 1% OFFICIALS JACK NIEMANN, City Clerk A. M. KIEBERT, Treasurer RICHARD 0. NICHOLS, Chief of Police BRUCE D. STUART. Water Works Supt. JOHN O. FITZGERALD, Attorney EARL WARD, Waste Water Supt. MQ, ® —> HUB OF TR ASURE VALLM' A Good Place to Live CITY OF MERIDIAN 728 MeFidian Street MERIDN, IDAHO 83342 Pho 2e 888.4433 JOSEPH L. GLAISYER January 9, 1984 MSvor log;; Mr. Don Hubble, P.E. 3952 Daisy Way Boise, Idaho 83709 Dear Mr. Hubble: Re: Tower Center Subdivision Meridian, Idaho GRANT P. KIN SFORD SILL SR ER RICHARD F.OR ON, JR. RONALD R. T LSMA 808 SPEN ER Chairman Zoning Planning In accordance with your request, a meeting was held with you in t Meridian City Hall Conference Room on December 27, 1983, to discuss fi protection requirements for the subject project. The city staff people attendance were: Gary D. Smith, P.E. - City Engineer Bruce Stuart - City Water Superintendent Skip Voss - City Fire Marshall As a result of that meeting, you need to take the following items in account for your project development: 1. A water and sewer service will need to be provided for each buildin or user. The water meter tile shall be located in a planter area o out of driveway, otherwise a cast iron ring and cover on a concret tile will be required. 2. The 24 -foot width of Pennwood Lane is not adequate for fire fight access. Minimum width shall be 30 feet. 3. A minimum 20 -foot wide access shall be provided to and along the north side of Block 3 for fire fighting access. 4. All building construction shall conform to the requirements to the Meridian City Building Department. S. The "existing water line1' shown on the "utility plan" sheet is . located along the east edge lof Meridian street pavement. 6. The water line in Pennwood Street shall be relocated to the north side of centerline, in accordance with the Ada County Highway District utility corridor location map. This water line shall be continued to the west property line for future extension by adjacent property owners. x Hr y� a k r 3 ie �'dn r. x Hr a r. } s Mr. Don Hubble, P.E. -2- January 9, 1984 7. Two hydrants are requireLe. and they shall be located on Pennwoo Street, north of center The easterly most hydrant will b adjacent to Pennwood Street and Pennwood Lane turing right as yo enter the subdivision. The westerly most hydrant will be adjacen to the westerly boundary line. 8. It is not necessary to loop a water line around the south side o Block 1 since services for these lots will come from Pennwood Street. 9. Provide a minimum 10 -foot wide walk through access between bui in the middle of Block 1. GDS:mz bcc: Mayor and Council Bruce Stuart Ear�l`Ward S Si erely, Gary D. Smith, P.E. City Engineer m G rn N r-1 C k, ra m S4pL 4 N � ca p— r- 4-2 _ !O +-3 o '� 'S' ed O L z $ Q •� W 7 c. 0 •r ?•r of cz n°D !d' (11 � A � L al u C •a C cc ,^ cn Q 2 o w S- 04 •r d O. 41 CD I— S- �� Q Q L •r U- 3 C k, s m S4pL 4 N .�' aj4J C tk p— r- 4-2 _ !O +-3 o '� 'S' ed O L i y Q •� W 7 c. L •r ?•r of cz n°D !d' m 0! L C C ? N U 2 i � CD I— •r O �� Qi r k, m S4pL 4 N .�' aj4J C tk n r- 4-2 _ !O a o '� 'S' ed O L i y Q •� W 7 c. O 7 •r ?•r of cz n°D !d' m � "2 "��`¢ `� � :.� ea 3 p+, •�'d r�5 'ice '14, k, S4pL 4 C y { W tk { i tie- v � W 0 {— C^ C E -� t.L. •e- E LZL Q N d T E +2 •r L C 'r- 4-3 d a G N N i i C C 8) +3 L. C O U �� O t C. T �. v UD .r _r -IJ 4-3 N (a -•C m L +3 GJ D b tU fT C f7? •r N N '�- GJ •r- O C L C _U C D 4- O S- 4- 4- N 41 ti >' fTU Cl u ttoo -® W O fT Q 'e' C r- G) C L ?f O 4j -r L e0 i d > e0 N GJ t N 2 O) +3t •r O eQ K;: - GJ t C L U V') O t1 >% C r #A •r •r O CJ i L 7s <C C a cn �— 4) 4•3 •r �m L O +•+ C C3 L 4-3 (V r- -- 0© 3 3 +-3 C C C C _ N +j 3 - cn (CI V L to a Q -a O r- ea fl ro C M C3 V d L e0 4-3 of f-+ �- CL i •L •L E r- p1 L •V ed ep C E O aJ 'C7 C eC e0 •r w () -0 -0 C) to S_ i C •c- C W v ¢ ¢ v z =3 a) - eo L 'a V1 '� •r r ®•r I C •r• U � Z! W •r !A C r •r O O O O ON W Z F— Q L) )� � "2 "��`¢ `� � :.� ea 3 p+, •�'d r�5 'ice '14, k, S4pL 4 C y { 3 tk { i tie- f.r'�LA& CENTRAL DISTRICT HEALTH DEPARTMENT Review Sheet Rezone # Conditional use # Preliminary/Find/Short at S10 1. We have no objections to this proposal. 2. We recommend denial of this proposal. Return to: Boise Eagle Meridian _ Kuna Ob, ACZ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this proposal. 4. We will require more data concerning soil conditions on this proposal before we can comment. 5. We will require more data concerning the depth of (high seasonal ground water)(s lid lava) from original grade before we can comment concerning individual sewage dis- posal. 6. We can approve this proposal for individual sewage dis- posal to be located (2,4) feet above high seasonal ground water, 4 feet above soli lava layers. 7.W can approve this proposal for: Central sewage _Inte im sewage _Individual sewage and �entral water _Individual water _Community water well. 8. Plans for /�6ommunity sewage _Sewage dry lines, and Central water Community water must be submitted to and pproved by the Regional Health and Welfare Environmental Services Office. 9. Street runoff is not to create a mosquito breeding problem. 10. This department would recommend deferral until high season- al ground water can be determined it other considerations indicate approval. 11. IF ,_ , 17==f = ; C' J W M OC t-= D fY C z W r C- 0 O LL. rte, G Ns g Ch 00 c ice! N W LLI 4--3 to �ME cm Q � rte, G Ns Z W U 1.4 !°r_ r Cr •r C W .r L UpQ1 W %n C co CA C i C it • • V E U E ¢ 4J T i 4-2 n o o- U a) i� L L C O u C_ 41 O. s -r C iIf •r v 'N `r 4.3 4-3 N tC C; S --r- +•3 r IQ 4J tp C i +•) 0 3 Cl to of C ON '�- N w U N't- O C S-. C O •r -r U 2 L E -r = Q C:) 44--° 3 N 4 H O C iV on Q t N U U to 'a C O O7 Q r C r 0! C W J'T O i-3 L t0 i Q > (a c"i L GD t t/1 S 01 a-) •r O t6 �l' ti c v o c v o a t cn �a Y i i N 0- 4-) +-) -v O C o S- W W • r i 4-•► C C C C 41 4 3 `LVI 3 'V i-% m N O r m %1 C . U 3 •r •r O '-' to 1 -a 1] C C C L O -0 U d S.- to 4.3 CO - ^, t_, i i i to to C E 0) a� O 'J ro r- G! Al 10 GJ tt! iLn i w C •r C 1 � .• C •r U L'.�� I w c � C O i •73 i O 0 0 0 ti to 4 g 4--3 3 � � r• r -I 1! '�j •� !A i L O ti = 7� y ro i !Li S r -C- 4-3Ln i C Cr7 r a J n C- _ a-' c v o Lin Z W U 1.4 !°r_ r Cr •r C W .r L UpQ1 W %n C co CA C i C it • • V E U E ¢ 4J T i 4-2 n o o- U a) i� L L C O u C_ 41 O. s -r C iIf •r v 'N `r 4.3 4-3 N tC C; S --r- +•3 r IQ 4J tp C i +•) 0 3 Cl to of C ON '�- N w U N't- O C S-. C O •r -r U 2 L E -r = Q C:) 44--° 3 N 4 H O C iV on Q t N U U to 'a C O O7 Q r C r 0! C W J'T O i-3 L t0 i Q > (a c"i L GD t t/1 S 01 a-) •r O t6 �l' ti c v o c v o a t cn �a Y i i N 0- 4-) +-) -v O C o S- W W • r i 4-•► C C C C 41 4 3 `LVI 3 'V i-% m N O r m %1 C . U 3 •r •r O '-' to 1 -a 1] C C C L O -0 U d S.- to 4.3 CO - ^, t_, i i i to to C E 0) a� O 'J ro r- G! Al 10 GJ tt! iLn i w C •r C 1 � .• C •r U L'.�� I w c � C O i •73 i O 0 0 0 ti to 4 ft`. , %.b •Iwui ai11 do $ 9 0 / O 0 8015309 *- ,"- CERTIFICATE: I hereby certify that the following resolution is a true and exact copy from the minutes of a meeting of the District Board of Directors', held 17 March 1980, recorded at Book 36 of the minutes of the Board at Pages 65 thru 69. 0 JO VOIG Sec etary of th Board Nampa & Meridian Irrigation District WHEREAS, The constant changing in use of land has caused a constant flow of requests for recommendations or ap- proval, and WHEREAS, The various agencies which are authorized to permit these changes have made it a requirement.that the developers obtain approval from the districts, and WHEREAS, Such requirement and requests have created a considerable expense burden to this District for which there is no available revenues. NOW THEREFORE, BE IT RESOLVED, That the following policy be, and it hereby is, adopted by this Board: 4{ NAMPA & MERIDIAN IRRIGATION DISTRICT Board of Directors' Policy for Changes of Land Use Developments of land use changes which affect irrigation and/or drainage, within the boundaries of Nampa & Meridian Irrigation District must be approved by the District Board of Directors. An application form may be obtained at the District office which will provide necessary preliminary information for District review. General Information A. DRAINAGE 1. The District will not accept any increased flow or drainage of decreased quality from a tract of land due to changed use. 2. Any existing drainage facilities on the land must be maintained, and arrangements made for continued opera- tion and maintenance of these after the ownership of the tract is changed. 3. Drainage plans prepared by a registered engineer may be required where deemed necessary by the District even though on-site modifications to the District drainage system are not required in the development plans. 0 s m k v 9 t" Y77 { s 7 r _ g. b s m k v 9 t" { s b t w5'Viip x � � 5 r., S ' S llt # x t „t >=f v5 F rl g, • g`E"''i"+ i `.TI"'t 412r`4"4"/�'9 £ QVC 4, xa s s,, J � V B. IRRIGATION 1. The water rights of this District are not the same throughout the District. Neither are these always the same on one tract of land. Often these can be simplified without changing the Court confirmed status of the rights, if arrangements are made with the Secretary of the District in the advance plan- ning stages. 2. Any alteration from the original delivery point must be approved by the Water Superintendent and transfers to accomplish this alteration must be arranged with the Secretary of the District as part of the system plan acceptance by the Board of Directors. 3. If irrigation service is not to be provided to the individual properties, all property owners must be notified that the District tax is an obligation of all lands in the Irrigation District. This notifi- cation is in compliance with Idaho law. be notified. Prior to actual construction an estimate of the cost of construction shall be provided to the District. 2. The District shall be notified prior to commencement of construction. Inspection by representatives of the District or its engineers will not constitute approval of all or any part of the system and shall in no way relieve the developer or his contractor of the responsibility for providing a sound, workable system. 3. Within ten days after completion of construction the developer's engineer must certify to the District that the system was installed in accordance with plans and specifications, and furnish as -built drawings to the District. 4. The developer and/or his contractor shall be re- sponsible for the repair of all defects, leaks or failures occuring in the installation for a period of three years after completion of construction. A Maintenance and warranty bond in the amount of 10% of the estimated or actual construction cost, whichever is greater, shall be furnished to the District within 30 days after completion of con- struction. If the owner or his contractor fails to make required repairs or replacements promptly, the District shall make them, and the cost therof shall be paid by the owner, his contractor or the surety. The following fees will be required: Application fee: $50.00 Review of plans and specifications for drainage: $200.00 Review of plans and specifications for irrigation: $200.00 Inspection of construction: $200.00 t � OT­�"`•@"° vt sb €j 'K py�,��gt '� jw' 'S J .irk xy '^ S S i ¢ a s r n p § 112t NAMPA & MERIDIAN IRRIGATION DISTRICT Development or Land Use Change Application GENERAL INFORMATION 1. Proposed Name of Subdivision or Development 2. (General Location 3. Legal Description - Attach if necessary 4. Owner of Recor Address 5. (Subdivider or Developer (Address) 6. Engineer Address Phone Person to contact >f wi F$� 3 ce..'r li p k'g e.ttr,� '`4Y i t,t�,' x P 45 .yy,rxx k '+aS 4 N 3 t E` y� ' ' 3 �. i>. „!' ` ✓:.%..� r .f z s _ t £ p t ¢,,fit} 3 Y ki'+ 3`f n 1c} HFJ,RSa PA f �� 1�} fi Sa,' '. ,�v }i3 - 5,x ¢'t' �. i's'•t k`�A''17YYwi Fy } i� Y r 9 ,43- a J i q.�?% 5x Y14r� ts% *%'' �'i'' ?IN a3�-0��A�3 "N oak Y . 1 7. Acres No. of Lots/Gross Acre ; Number of Lots 8. Proposed drainage discharge Name of Drainage Latera 9. Is irrigation water to be provided to each property in this Subdivision? If yes, answer the following: a.) Proposed delivery point Canal or Lateral b.) Present delivery point for this land c.) Type of system 1.) Gravity Piped or open ditches 2.) Pump pressure d.) System to be operated and maintained by: 1.) Lateral Ditch Water Users' Association 2.) Nampa & Meridian Irrigation District Signature Date (Application must be filed with the Secretary of the District. Fees and three copies of all plats or drawings must be included with it.) r R and, BE IT FURTHER RESOLVED, That the Secretary of the District is hereby ordered to send copies of this resolution to all plan- ning and approval agencies in Ada and Canyon Counties and in the Cities of Boise, Meridian and Nampa, to the County Com- missioners of Ada and Canyon Counties and to the Mayors of Boise, Meridian and Nampa and to provide sufficient copies of the policy and application form for the continual adminis- tration and use thereof by all interested parties. 9 � ;. Imp, F� (a tas (D - O o O o 's co -s C = --i -46 O N m cz3 n. n-. .. J. ® —. J. Q N 11(7 fv 0) —+ (D C ow � C°r t z n D, Cl 0) tT 3 n m : C+ tL C LrL J. O d t.J • O S �G J• O► [G =r (D O O O _ L C+ tv as < -u-S J. O (D -� .f a a n J. ♦ ! Q- OL v C-L- O -5,..3 (D 3 N C db at C+ rF t0 3' tz to tD O O 7 3 M 3 i -' T {V 11 T D O C* `cam C•+ _L o -0 Ln S Arn CLEPC N O (7 O. 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J. .Cb O O (D O J Cf .J "O Q W�J I=D' �i O �i r O 'S w a I-� -' `0 (�U VI 0 (D 7C F'• � 0 04N J ss J• a 00) [D lQ 0a . � F .O -i 'S r .� O �. o Z N C+ a CL n �z CL p� CL d J. O a N =rrD y DVmw, C+ N H H Z O (D cs tA N a ��JJ v a (D C=] C-) Cl) CD 3 - -13 (D N (D C+ J. N (/1 O (D � � o C+ -s CL -5 00 C+ = (D fD d C+ z J. CL OR O a 0' -00 J r- ap a c+ tG N a -s 7 (D C].-0 C IV (D O N C+ I sm l M rel 1� N N 00 w ul H ao phi i z d n r) --t z (D %N (D 00 O O _ .r: J. O NJ. m J. ^. U) .. saa -5 0)--� (D c z C -)D n 3 C -a m n; O 'i i Sia (D (Z Q. (D (D J• a a O O - -0 CL -0 C+ al C+ Qj -1 C -i Q. CL 03 L< cr� 1 iia �I O J. J. D C L V C C S iL C Oa W C F O (�a M g C -r- (D O O O C+ •S -1• (D 00e- - -�> . (D C -S J. v J• O d• O -s Q, C+ -1 LSz m to m a \ a (D O d N J. = < O (1 O =F- (D NN- :5 --. n LO O 3 Q a n 0 C) (a �d t c) =3 3 S O O -n ® O c J. (D O i 5 (D (D J. (f N (D J. O to a 0) C3 (D i•1- -1 p) C+ a C.+ _•• -S (© =5� SZ N C+ Ci• J-- NCA a g Q_ a O --S cci- (D O 0 N S N zZ (D A o v -0C+ J. (D (A We o -1 z O (CD C+ z 5n �+ ca Ef) J. O N m C+ C rt G H O -s J. m O VJ C-) J. p m C- fD J. J. .Cb O O (D O J Cf .J "O Q W�J I=D' �i O �i r O 'S w a I-� -' `0 (�U VI 0 (D 7C F'• � 0 04N J ss J• a 00) [D lQ 0a . � F .O -i 'S r .� O �. o Z N C+ a CL n �z CL p� CL d J. O a N =rrD y DVmw, C+ N H H Z O (D cs tA N a ��JJ v a (D C=] C-) Cl) CD 3 - -13 (D N (D C+ J. N (/1 O (D � � o C+ -s CL -5 00 C+ = (D fD d C+ z J. CL OR O a 0' -00 J r- ap a c+ tG N a -s 7 (D C].-0 C IV (D O N C+ I sm l M rel 1� N N 00 w ul H ao phi i z d Fuller and Associates P.O. Bou 851 Meridian, Idaho 83642 (208) BW4882 City of Meridian 728 Meridian Road Meridian, Id 83642 6 October 19, 1983 Honorable Mayor and City Council; We request the approximate 4 acre parcel located on 417 S. Meridian Road to be annexed to the City of Meridian as an Industrial Planned Unit Development as per our exhibits. I would like to take this time to thank you for your consideration of this matter. Sincerely, eJ. ce�� N & D, Inc. Norman G. Fuller, Pres® NGF/sls STATE of IDAHO ) County of Ada ) On this 19th day of October, 1983, before me a notary public in and for said State, personally appeared NORMAN G. FULLER, President -of N & D, Inc., known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. otary Pub Tis Residing at: Boise, T_daho Comm expires: 1/86 k� -s Ade NO e � APPLICATION FOR ANNEXATION APPROVAL Meridian Planning & Zoning Commission Filing Information I. GENERAL INFORMATION Tower Center (Proposed Name of Subdivision) 417 S. Meridian Road, Meridian, Idaho (General Location) See attached (Legal Description - attach if lengthy) bdb-2302 (Eugene P. Ross & Barbara J. Ross) Marjori.e D. Shaw) (Owner(s) of Record) (Name) l�_587 Harrison Gr�eplaone No. ) ( 2125 Aspen Cove Rd.) ( (Meridian, Idaho Sebastopol, California 95U_72 ) (Address) N & D. Inc. 888-h8c)2 .(Applicant) (Name) (Telephone No. ) P.O. Box 851, Meridian, Idaho 836L_2 (Address) (Engineer, Surveyor or Planner) (Name) 317lir ,, �a y 10 �t" l� d r 5f 7-0 62 0 (Address) (Jurisdic/tion(s) Requiring -TApproval) (Type of Subdivision -Residential, Commericial, Industrial) 3(�_)- (Telephone No. ) 50 d,/ Acres of Land in Contiguous Ownership. (Accepted By:) (Fee) s" r f A'Jaraol Of 1c'0x1 Treated In "111% :;r:; lih%�� ::^ccton 139 T111. hlW. p.N•t Ada Wunty.00 wwo sh particularly daccrlba' I follu�+at ..__�..�...,,.�..... n1. chn !)eirl.)maut corn)' Cf the 0%4 NF%j, which Is tlw HEAL 1'01 NT OF L @%r I N N] NG . Thence 3 0% 21' 35" W 1'i'jjx) feel, nlrvif, We titilil Lary i f • said SEi Iff- . Thence r* 89, 55, 45" w 2%)).211 fnn1 Thence N L' .22� 35" H 170 -Lx) l��lin1, cin i.l� i ;)(-rLh boundary of 5 .�45" Ej:�� �) , Tt►ence t, �,.� � i�.�.t along, said 1Jarth Luwdary to the KM POINT OF R!LWNH-114C. The above described parcel of 10-ild conta";:; 1.O() acre more or lead. Also: A tract of land located in the W2 N1 of the SE4 j NEI -4 , Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Southeast corner of the Northeast Quarter of said Section 13, thence North 00 22' 35" East 1000.23 feet along the Easterly boundary of said Section 13 to the 'REAL POINT OF BEGINNING, thence South 89° 47' 06" West 533.24 feet, thence North V 22' 35" East 329.43 feet to a point on the Northerly boundary of SE4 NE4 of said Section 13, thence South 891 55' 45" East 276.98 feet along said Northerly boundary, thence South 01' 22' 35" West 170.00 feet, thence South 890 55' 45" East 256.24 feet to a point on the Easterly boundary of said SE4 NE4, thence South 0° 22' 35" West 156.77 feet along said Easterly boundary to the REAL POINT OF BEGINNING. The above described tract contains 3.016 acres more or less, subject to a permanent road easement being 50.00 feet in width and lying North of the following described line: Commencing at the -East Quarter corner of said Section 13, thence North 00 22' 35" East 1107.00 feet. along the Easterly boundary of said Section 13 to the REAL POINT OF BEGINNING. Thence North 89` 55' 45" West 533.21 feet. �#.z'#a ,,,,�N' a� >n e ROO $na m> tai 0 in fn a tV N O, R Z p r 0? N +CA m C E FRA RD. 1 ' N. 8905545" E. PROPOSED ANNEXATION 533.24 50' Easement 5.890 4706" W. M N g 1 • o FRANKLIN RD. I " = 300' H z a[ 0 W N N N N M — 3 in M N N 0 O N ui 533.22' - N.89055'45"E. M M I� - N co N o M 533.24' M z S.8 047'06 W.